January 01, 2024
The 2024 appellate almanac is looking lively after eye-popping opinions and arguments in 2023's homestretch. As the new year begins, several circuit splits seem more serious, ideological imbalances are in the spotlight, and luminaries of the U.S. Supreme Court bar are locked in a burgeoning battle over alleged corporate complicity in terrorism.
December 09, 2023
A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.
August 17, 2023
A whistleblowing eye doctor urged the U.S. Supreme Court to reject the Sixth Circuit's embrace of a stringent standard requiring False Claims Act cases to draw direct links between kickbacks and medical billing and to rebuff its narrowing of what constitutes a kickback, arguing those conclusions undermine the FCA.
May 17, 2023
The Sixth Circuit has refused to take another look at its decision to shoot down a False Claims Act suit brought by two whistleblowers against a Michigan hospital and an eye doctor accused of a referral kickback scheme.
April 27, 2023
A Michigan hospital and eye doctor accused of a referral kickback scheme on Tuesday urged the Sixth Circuit not to reconsider the case, arguing a court panel correctly denied the False Claims Act suit lodged by whistleblowers.
April 12, 2023
The Sixth Circuit should grant a full court rehearing in a False Claims Act case because a panel "undercut" the policy behind the law and the Anti-Kickback Statute, whistleblowers said in a case they said also deepened a circuit split.
April 07, 2023
U.S. Supreme Court justices will likely scrutinize a new and "compelling" circuit split over evidence the U.S. Department of Justice and whistleblowers must supply in the False Claims Act's vast realm of kickback cases, one of Uncle Sam's longest-serving health fraud watchdogs told Law360.
March 28, 2023
The Sixth Circuit delivered a one-two punch to whistleblowers and the U.S. Department of Justice on Tuesday by requiring False Claims Act cases to directly connect kickbacks with health care billing and refusing to view all potentially valuable actions as possible kickbacks.
March 18, 2023
After 50 years of existence, the nation's signature statute criminalizing health care corruption faces a moment of truth amid industry-led legal challenges and new circuit splits — an inflection point with clear echoes of the landmark law's turbulent evolution into a formidable fraud fighter, attorneys told Law360.